Good Afternoon,On the 31st of January 20...

Asked by Jeannine Matthews on 21-04-2024 15:25:09
Question posted in the Landlord Tenant Law category relating to Western Cape

Good Afternoon,

On the 31st of January 2024 I gave two months written notice to vacate the rental property on the 31st of March 2024.This was early termination of my second year lease which ended on 31 July 2024.Reasons for early termination was due to harrassment, threats, noise and undue lockouts, found out was paying more rent pm than other tenants in the complex, told to stop working as a bookkeeper from the premise after permission was given at beginning of lease (thus crippling me financially) and neither party remied the situation over the 20 months of my renting the property.All complaints were unanswered.Rental agent only told landlord three weeks after I gave notice, which infuriated the landlord and she is trying to hold me liable.Then in 2nd week of March 2024 I requested to withdraw the notice and stay on for the remainder of my lease till the 31st of July 2024.The landlord refused to allow me and the rental agent stated in writing to me that the landlord had procurred a occupier for the unit from the 1st of April, so I couldn't stay on.I accepted & acknowledged this and went ahead to procure a new property to rent.On the 27th of March 2024 I received a letter via the sheriff from the landlords attorney demanding I vacate by the 31st of March or they will proceed with eviction.This was in now way necessary as I had informed the letting agent that I would vacate by the 31st of March 2024.I request outgoing inspections which neither party attended.On the 11th of April 2024 after I had moved out on the 31st March 2024, I received an email from the letting agent advising me they had performed an outgoing inspection on the 3rd of April without me.They did not invite me to attend.Then on the 19th of April 2024 I received an email informing me they were withholding my entire deposit of R25 900, for one months rental penalty for early termination, painting of unit, cleaning of unit, utilities and cost of attorney to send demand letter on the 27th of March 2024.I emailed them this was no legal, as I had given 2 months notice and paid both months rent, that they had refused to allow me to stay on for the remainder of my lease, they had threatened me with eviction if I did not vacate by the 31st of March as they had procured a new occupier for the unit, that they had not held the outgoing inspection with me, that no damage was done to the unit besides normal wear and tear and lastly that the attorney letter was not necessary due to the fact I had informed the rental agent I was moving out by the 31st of March and that the dispute between the rental agent & the landlord had nothing to do with me.Please assist.

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.